Lawsuit Over Use Of Former NFL Players' Likeness In Madden Moves Forward

[cdj]

Following a 2008 settlement between the NFLPA and former players for $26 million over the perceived usage of player likenesses in Madden NFL and an inability for the PA to protect their best interests, a judge has ruled that a lawsuit against EA may proceed.

Courtesy Polygon: A lawsuit brought in 2010 by thousands of former NFL players against Electronic Arts will proceed, now that an appeals court has rejected EA's argument to have the case thrown out.

The case, Davis et al. vs. Electronic Arts, Inc., resembles the lawsuit that former college football players brought against and settled with EA in 2013, effectively canceling the NCAA Football series in the process. In this case, it involves the editions of Madden NFL from 2001 to 2009 that had featured "classic" teams from the league's history.

The four plaintiffs named in the case are Tony Davis, Vince Ferragamo (pictured), Billy Joe Dupree, and Sam Keller. (FWIW Davis, Ferragamo, and Keller all played collegiately at the University of Nebraska; Dupree at Michigan State University.) Davis, now an advocate in Congress, is no stranger to legal issues of his own after having been sued in a ticket selling scam in 2001.

Some legal documentation of the case can be viewed here. (PDF)

The lawsuit vs. EA regarding NCAA Football resulted in a $40 million settlement that saw the players receive a small payout as compared to the lawyers and legal representation involved.

[skipwondah33]

Yeah I read about this Tuesday I believe it was.

[SCClassof93]

Good. Can't wait for someone else to make a football game.

[SCClassof93]

How did they figure they could pay some players and not all?

[gigemaggs99]

So is this going to go down the same road NCAA did? Does this mean there will be no Madden football?

At some point is EA going to go down?

What's next FIFA players taking on EA?

[SCClassof93]

So is this going to go down the same road NCAA did? Does this mean there will be no Madden football?

At some point is EA going to go down?

What's next FIFA players taking on EA?

certainly means no more classic teams from the past without paying those players I assume.

[ram29jackson]

I don't remember using Vince Ferragamo in any games ?

[cdj]

So is this going to go down the same road NCAA did? Does this mean there will be no Madden football?

At some point is EA going to go down?

What's next FIFA players taking on EA?

I assume they will settle out of court (for more than the $40M tag NCAA did) and life will go on as is. The only change will probably be devs who get cut to save some costs/expenses.

I don't remember using Vince Ferragamo in any games ?

He would have been QB #15 on the 1980 Rams. (I forget how PS2 version did classic teams exactly.) EA is being sued for their roster use of classic teams as in the same way they had rosters in NCAA Football. (No face or name, but QB #15, 6'3, 212, 'light' skin.)

Keller never played in the NFL thus he never appeared on any classic teams, so his inclusion in this lawsuit stands out IMO.

[skipwondah33]

Keller on a classic team....lol

That's like that commercial that said Chris Dudley - NBA Legend lol

Player Likeness must be new to people's line of thinking, like it never existed before

Kind of like when people say the "cloud", like's something new

[CLW]

So is this going to go down the same road NCAA did? Does this mean there will be no Madden football?

At some point is EA going to go down?

What's next FIFA players taking on EA?

Nah this won't kill Madden. They can absorb a 1 time settlement/judgment on this one and just move on. You will NEVER see players on classic teams or MUT unless EA has a contract with them with permission to use their likeness.

The problem with NCAA was that was a death nail (NCAA won't change EA cant pay a judgment/settlement every year) so its gone and will not return until the NCAA dies or changes its tune and allows payers to be paid $ to be used in video games.

[SCClassof93]

Why not just make the college game with random rosters ? Hell even take away the roster edit feature if that protects legally.

[CLW]

Why not just make the college game with random rosters ? Hell even take away the roster edit feature if that protects legally.

It would not sell - or that is the only logical reason - assuming you just created random rosters noone would be interested b/c it would not be "sim".

[SmoothPancakes]

As long an option to let you have the game auto-name every player randomly, I'd be game. If I had to try and do a dynasty with QB #5 and LT #75 the entire life of my dynasty, fuck that. I need some sort of name, even 100% fictionalized, to feel some sort of an attachment to and care for my teams and star players.

Sent from my Droid Maxx using Tapatalk because I #TrustTheScript

[souljahbill]

Generic pre-named rosters. The game already has an algorithm to create recruits within certain parameters so give me my schools and playbooks, autoname a generic roster for online play and slap that bitch on a disc. I'd by a PS4 TODAY if that were announced.

[jaymo76]

Like I needed another reason to dislike Sam Keller...

[steelerfan]

Like I needed another reason to dislike Sam Keller...

Or Nebraska.

I #TrustTheScript

[Rudy]

Problem with NCAA is they don't even have the team licenses now. Everything would have to be super generic and that would suck.

[SCClassof93]

I remember playing for years without a named roster or editor. I think it would sell and could still be Sim with proper ratings. Now take away the authentic teams and I'll pass.

[CLW]

I remember playing for years without a named roster or editor. I think it would sell and could still be Sim with proper ratings. Now take away the authentic teams and I'll pass.

This is probably what you would get if someone made a college game right now:

[skipwondah33]

I'd take it lol

Though I need authentic schools